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Some leading Chinese scholars and prominent Chinese activists have been circulating a letter on Chinese social media calling for the National People's Congress (China's legislature) to ratify the International Covenant on Civil and Political Rights (ICCPR).   Here is an excerpt from the letter, which is carefully worded not to challenge the authority or the accomplishments of the current government. 2....

The Associated Press has released a translation of a jihadist instruction manual (.pdf) of how to avoid being a victim of a drone strike found in a pile of garbage in Timbuktu, Mali. As thousands mourn the death of a Palestinian prisoner in an Israeli jail, fears of a revolt grow. The U.N. has called for an investigation into the death reportedly caused by torture. A rocket has been...

South Korea has inaugurated its first female president, Park Guen-Hye, who now faces regional tensions amid North Korea's nuclear testing. In one of her first moves as president, she demanded an end to nuclear ambitions by North Korea. Afghanistan's president, Hamid Karzai, has expelled US special forces from the key battleground Wardak province, because, according to Karzai's spokesperson, some US soldiers...

Last fall, I was very pleased that, in conjunction with the publication of my book -- The Oxford Guide to Treaties, Opinio Juris was able to host an interesting (and I hope useful) discussion of the current state of international law on treaty reservations, including some prominent reactions to the ILC's recent Guide to Reservations by Harold Koh, Marko Milanovic, David Stewart and...

Events On March 22, The Vermont Law School Chapter of the Federalist Society and The International Law Society at Vermont Law School are organizing Reaching Critical Mass: International and U.S. Law in the Wake of Modern Exigencies. The conference will explore the delicate balance between combating modern security threats, observing international law, and protecting human rights and civil liberties. Registration is...

If you’re interested, I’ll be on C-SPAN Book TV tomorrow, Sunday, February 24, at 1:20 pm, talking about my book, Living With the UN: American Responsibilities and International Order. It runs about half an hour, and though I have no idea whether I’m especially interesting on the program, I very much enjoyed doing it – I thought the interviewer was...

That may seem like a ridiculous question. After all, Libya is doing everything in its power to prosecute Saif domestically -- and he is facing a variety of charges that carry the death penalty. But consider the text of Art. 17(2), the "unwillingness" prong of the the admissibility test: In order to determine unwillingness in a particular case, the Court shall...

As I have explained before, Libya's admissibility challenge must fail if it cannot ensure that the militia in Zintan who have Saif custody will transfer him to the government to stand trial, because Art. 17(3) of the Rome Statute deems a state "unable" to prosecute if, "due to a total or substantial collapse or unavailability of its national judicial system, the...

This week on Opinio Juris, Julian returned to his old favourite of the Whale Wars, and argued that the US courts can most likely exercise personal jurisdiction over Sea Shepherd, even in relation to its movements in the Southern Ocean. Julian also covered a more recent favourite: the Philippines' UNCLOS arbitration against China. He first reported on an article in the Chinese press...

Read Ali Soufan’s op-ed about Zero Dark Thirty today in the New York Times. If you’ve read Ali’s gripping book, his take won’t surprise you. As he puts it: “I watched ‘Zero Dark Thirty’ not as a former F.B.I. special agent who spent a decade chasing, interrogating and prosecuting top members of Al Qaeda but as someone who enjoys Hollywood...

Kristen asks in her post below whether anyone has a view on whether the UN’s assertion that the cholera epidemic claims in Haiti constitute a public law claim, and hence not within the purview of Section 29 of the UN Convention on Privileges and Immunities is supported by  law or past practice?  I don't have a view, or any genuinely legal materials to raise, but curiously I encountered the issue in passing, in practice as general counsel for an NGO during the Bosnian war in the 1990s.  Circumstances were unique, and for various reasons my client organization decided not to pursue it as a matter of research or dispute, but Section 29 specifically came up as a comment from UN officials I was negotiating with at the time. At the time of the Dayton Accords, the agreement and all the parties - not just signers of the Accords but states, the UN, various other international bodies - agreed there needed to be a TV and radio network reestablished across Bosnia that would broadcast in all languages, provide neutral news reporting, etc., in the run-up to the elections.  But broadcast towers and all that had been destroyed, so the physical infrastructure needed to be put in place very quickly.  The states involved, and some organs of the UN - I'm sure I'm not remembering the details correctly - agreed in principle to fund this, but expressed concern that they could not get the funds flowing quickly enough to meet the deadlines.  So my organization was invited to consider whether it would front the funds, pay for the work, hire the consultants and contractors, and see that the work was completed in time.